Article appeared Friday, July 8th, 2011 in The News Today, Bangladesh

The Revelation (186)

yousuf mahbubul Islam, PhD

When the shares of a new company are planned, in how many ways is the division decided? Owners of the company generally go for a percentage of the company, e.g. 51%, while what is left is divided and given out as shares. Out of these shares, individuals may purchase single or multiple shares. In the case where the owners have reserved 51%, the total value of the remaining shares would not exceed 49%, regardless of the value of each share or number of shares. Such a division into shares permits flexibility in both determining the value and the number of shares without having to exceed the comfortable maximum percentage of 49%. In the case of inheritance, has our Creator recommended a similar division in the types of shares? Can the division be likened, in any way, to the division of shares in a company? In the most recent Revelation, the Qurn, the main commandments on division are given Chapter 4 or Sura Nisaa. Let us first examine the mathematics of the commandment given in Verse 4.12.

4.12 In what your wives leave your share is a half if they leave no child; but if they leave a child you get a fourth; after payment of legacies and debts. In what you leave their share is a fourth if you leave no child; but if you leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
Let us analyse the mathematics of the component parts of the Verse. The first part: In what your wives leave your share is a half if they leave no child; but if they leave a child you get a fourth; after payment of legacies and debts. [4.12a] So the first right on the property personally left behind by a wife, is payment of legacies and debts. If we look up the thesaurus, synonyms for the word legacy are something assigned, a bequest, something left for a beneficiary, etc. To help us understand, the second part of another Verse helps to clarify who has first rights to the property: ...To those also to whom your right hand was pledged give their due portion: for truly Allah is Witness to all things. [4.33] So after settlement of personal debts and promises made by the wife, the husband gets 50% if there are no children by the wife and 25% if the wife has left behind children to whom she has given birth. The second part: In what you leave their share is a fourth if you leave no child; but if you leave a child they get an eighth; after payment of legacies and debts. [4.12b] Similarly, after payment of legacies promised by the husband and settling of debts owed by the husband, in event of death of the husband, the wife gets 25% of what is left, if there are no children from the husband and 12.5% if there are children from him. The third part: If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister, each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts;... [4.12c]

As explained by Abdullah Yusuf Ali {1} in note 681 on page 274 the commandment in Verse 4.12c refers to uterine brothers and sisters. However, if there are half-brothers and half-sisters, Allah further elaborates division in Verse 4.176. They ask you for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies leaving a sister but no child she shall have half the inheritance: if (such a deceased was) a woman who left no child her brother takes her inheritance: if there are two sisters they shall have two-thirds of the inheritance (between them): if there are brothers and sisters (they share) the male having twice the share of the female. Thus does Allah make clear to you (His law) lest you err. And Allah has knowledge of all things. [4.175] So after the fixed percentage shares are decided, what happens to the remaining percentage of the inheritance? Verse 4.11 gives the division for children and parents. Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts... [4.11] Verse 4.11 also gives parents of the deceased a fixed percentage of the inherited property. Whatever is left is shared by the children of the deceased. As the number of children necessarily varies from family to family, their inheritance is decided based upon shares. For purposes of calculation each male is considered as two shares and each female one share. After adding the total number of shares, the property is divided into the total shares and then shared between all children of the deceased. The website {2} gives a good summary with cases of division. How should those who believe in the Creator react to the Verses on inheritance? The answer of the Believers when summoned to Allah and His Apostle in order that He may judge between them is no other than this: they say "We hear and we obey": it is such as these that will attain felicity. [24.51] Our Creator Allah backs up his commandments on inheritance with the following promises:

4.13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement. 4.14 But those who disobey Allah and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.
-------{Notes}: {1} Abudullah Yusuf Ali, (1410 AH). The Holy Qurn English Translation of the meanings and commentary. IFTA. {2} http://www.understanding-islam.com/articles/sources-of-islam/understanding-the-law-ofinheritance-of-the-qur-an-14